Divided Sixth Circuit Panel Applies “Cat’s Paw” Theory to FMLA Retaliation Claim

A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in FMLA retaliation cases. But Marshall v. The Rawlings Company, LLC now answers the question directly, and

Court Issues Landmark Decision That Sexual Orientation Discrimination Is Covered by Title VII

On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals–which covers Illinois, Indiana, and Wisconsin–held that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. Hively v. Ivy Tech Community College, Case No. 15-1720. The Hively ruling is significant because, to date, no other federal court

Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings case to federal court, the municipality waived its right to argue that the plaintiff failed